How easy is it to challenge a redundancy selection pool?

Historically it has not been easy to challenge a selection pool, however recent case law has ruled that an employer must be able to demonstrate that it has “genuinely applied” its mind to the question of the appropriate selection pool and must in addition consult with affected employees on the pool, which means asking their views. A failure on either count could give rise to a successful challenge and which could amount to unfair dismissal .

Tribunals will also scrutinise a selection pool more closely if the size of the pool mirrors the amount of roles to be made redundant (especially where there is only a pool of one person).

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